CURRENT CONTENT IN DRAFT PROPOSED REVISION (SPECIFIC CORRECTION, REVISION) COMMENT OF

Separate forest owners according to Articles 5a and 5b proposed above: GIZ

RATIONALE FOR THE PROPOSED REVISION (specific, condensed)

b) Forest owners are other organizations assigned by the State for managing special-use and protection forests.

c) The forest owner being an agricultural or forestry company, which is allocated or leased out natural production forest during the closure of the forest by the State.

d) Provincial-level People’s Committees who are managing forest areas that have not been allocated or leased.

đ) Forest owners who are households, individuals and communities that are allocated protection forests by the State, or natural production forests during the period of forest closure.

e) The forest owner who is a community that has been allocated a special-use forest by the State.

Scientific, technological and economic organizations and units of the armed forces who are managing special-use and protection forests.

CEGORN&PAN

Use concepts consistent with the 2017 Forestry Law to facilitate implementation of this decree and avoid divergent interpretations.

Agriculture and forestry companies are allocated protective and special-use forests by the State; allocation and lease of production forests which are natural forests during the period of forest closure.

Provincial-level People’s Committees who are managing unallocated and non-lease forest areas, including production, protection and special-use forests.

Consider remove Provincial People’s Committees as a beneficiary of investment .

CEGORN&PAN

Use concepts consistent with the 2017 Forestry Law to facilitate implementation of this decree and avoid divergent interpretations.

CEGORN&PAN

Use concepts consistent with the 2017 Forestry Law to facilitate implementation of this decree and avoid divergent interpretations. In fact, many Provincials are managing the area of special-use forests but not mentioned in the draft.

The Provincial People’s Committee is not a forest owner officially defined in the FORESTRY Law and has no functions and duties to protect and develop special-use forests.

Households, individuals and communities are allocated and leased by the State for protection and production forests, which are natural forests during the period of forest closure.

CEGORN&PAN

Use concepts consistent with the 2017 Forestry Law to facilitate implementation of this decree and avoid divergent interpretations.

2. Funds for management and protection of specialuse forests and protection for special-use forest management and protection

Residential communities who are allocated special-use forests by the State.

Remove the word “average” in the draft of this Decree and replace the word “average” with “minimum level”.

Funding for the management and protection of SPECIALSPECIAL FORESTS and protection for the MANAGEMENT

BOARD of special-use forests, protection forests, scientific, technological, economic organizations, and armed forces units.

CEGORN&PAN

Use concepts consistent with the 2017 Forestry Law to facilitate implementation of this decree and avoid divergent interpretations.

CEGORN&PAN

Using the concept of average support level FOR FOREST PROTECTION is not clear and it is difficult for localities to use as a basis for calculation. It is necessary to specify the average against what to have a clear basis for implementation.

CEGORN&PAN Separating Subjects to conform to the Forestry Law 2017

CURRENT CONTENT IN DRAFT PROPOSED REVISION (SPECIFIC CORRECTION, REVISION) COMMENT OF RATIONALE FOR THE PROPOSED REVISION (specific, condensed)

The level of funding to support forest protection for forest owners who are agricultural and forestry companies that the State allocates or leases natural production forests to during the closure of the forest is 500,000 VND/ha/year, equal to other forest owners specified at Points b, d, dd and e, Clause 1, Article 5. PanNature, DAI, GIZ, CEGORN b) The level of funding to support FOREST PROTECTION in Provincials in regions II and III and coastal forests is equal to 1.2 times the level of funding for FOREST PROTECTION specified at Point a of this Clause. a. Contract object: Need to clearly define the object as: forest or contracted subject to avoid confusion.

Remove the paragraph “Specific levels are decided by the Ministry of Agriculture and Rural Development for forest owners who are units under the Ministry; Provincial-level People’s Committees decide to allow forest owners to manage local forests”.

During the closure of the forest, although natural production forest owners can still exploit non-timber forest products, their income from non-timber forest products is often very low, not enough to cover the costs of forest protection. Meanwhile, during the closure of the forest, forest owners all perform the task of protecting natural forests, taking responsibility and obligations before the law for the protection and development of natural forests. Therefore, it is necessary to determine the same level of support for all natural forests during this time.

If the Ministry of Agriculture and Rural Development and the Provincial People’s Committee decide on their own the norms for dependent Subjects, the norms specified in the same article are not meaningful.

The level of funding to support forest protection for the forest area of the Provincial: b1) area II, forests in coastal areas; b2) zone III is 1.2 and 1.3 times respectively the forest protection budget specified at point a of this clause.

Regulations on payment norms by region need to be clearer and there must be differences between the payment policies between regions II and III. This support is in line with the current policies of the Party and the State to support the development of Provincials in extremely difficult areas to achieve the goal of sustainable development, leaving no one behind.

All regulations related to contract should not be specifically mentioned in clause 4 of article 5 to avoid repetition between laws.

Need to check the wording of paragraph 2, point c, about the CPC that does not organize FOREST PROTECTION?

The Provincial People’s Committee is currently temporarily assigning for management of forest areas that have not been allocated or leased;

The order of implementation of FOREST PROTECTION contract should be referenced in legal documents such as contract conditions and limits.

CEGORN&PAN

Forest protection contract is currently being implemented under Decree No. 168/2016/ ND-CP dated December 27, 2016 of the Government. regulations on contracting forests, orchards and water surface areas in MB of special-use forests, protection forests and State-owned one-member limited liability companies in agriculture and forestry.

Points a and b, Clause 4: the expressions of contracting and contracted subjects are not consistent, one side refers to the object of the contracting activity (forest, forest area), but the contracted object expresses the subject of the contract. contracted subjects (households, individuals,...).

GIZ, KfW

The Provincial People’s Committee cannot have its forest protection staffs, but uses the State’s support funds to contract forest protection through contracting or building forest protection teams (1 type of contract).

Ensure consistency

CURRENT CONTENT IN DRAFT PROPOSED REVISION (SPECIFIC CORRECTION, REVISION) COMMENT OF

RATIONALE FOR THE PROPOSED REVISION (specific, condensed) c) Conditions and quotas for contracted forest protection…

FOREST PROTECTION contract conditions and limits: Remove “in hotspot areas for FOREST PROTECTION” in the paragraph “For the subjects specified at point a, clause 1 of this Article, priority is given to households and individuals contracting for forest protection.” , local communities with forest areas adjacent to residential areas, in hotspot areas of forest protection .

The contract level for protection of production forests which are natural forests of an agricultural and forestry company is decided by this company but must be at least 300,000 VND/ha/year.

PanNature d) Forest protection contract level:

At the Management Boards of special-use forests and protection forests, hot spots are prone to deforestation, so they must be directly protected by the forest protection force of the management board.

Supplement: During the period of forest closure, the State shall compensate for the difference in funding to ensure that the contracted level for protection of natural production forests is equal to the contracted level for protection of special-use forests and protection forests in the same area.

Production forest is a natural forest that is prohibited from exploitation during the period of forest closure. Agro-forestry companies cannot or very little profit from natural forests during this time. Protection and development of natural production forests during this time are no different from those of special-use forests and protection forests. The contracted rate for forest protection during the closure period (and only during the closure period) should be equal to the contracted rate for special-use forests and protection forests.

In addition to the closing time of the forest, forest owners can exploit and profit from production forests which are natural forests, with revenue to cover costs, so the contracted rate may be lower than the contracted rate for special-use forests and protection forests.

Option 1: Increase the support level for FORESTRY PROTECTION to 500,000 VND/ha/year equal to the forest owners specified at Points b, d, dd and e, Clause 1, Article 5.

Option 2: The contract level for protection of production forests that are natural forests of an agricultural and forestry company is decided by this company, but maximum 300,000 VND/ha/year

“The average contract level to PROTECTION special-use forests and protection forests is VND 500,000/ha/year, or according to the ability of local budget regulation”

Article 6. Support for forest fire fighting

Restructure It is proposed to move to Section 3. “For other specialized activities in service of forest protection and development”

Add more Subjects:

CEGORN&PAN, DAI, GIZ, KfW

Because forest owners all perform the task of protecting natural forests, they bear the same responsibility and obligations before the law for the protection and development of natural forests.

Because these companies also only receive support of 300,000 VND/ha/year from the State. So if you calculate the minimum, there will be no compensation.

PanNature

The fact that the Provincial People’s Committee determines the specific contract for FOREST PROTECTION contract loses the meaning of the contracted norm for FOREST PROTECTION stipulating the same terms.

GIZ

Because this is a specialized activity

1. Subjects

Organizations and individuals who are forest owners of forests adjacent to residential areas, special-use forests, and protection forests

DAI

Forest fire is an unexpected risk that can cause damage to residential areas, special use forests and Protection forests. The STATE should assist other private forest owners in fighting forest fires such as those specified in the draft DECREE.

CURRENT CONTENT IN DRAFT PROPOSED REVISION (SPECIFIC CORRECTION, REVISION) COMMENT OF

RATIONALE FOR THE PROPOSED REVISION (specific, condensed)

2. Content and level of support

- Support for fire fighting requires specific regulations on annual fixed budget allocation as well as requires forest owners to commit both financial and human resources to carry out this work. CIFOR

- Although there is a provision to support the implementation, many people do not receive this cost from the State agency;

- The level of mobilization to support forest fire fighting is usually at the village, hamlet and Provincial level where it is not possible to be proactive about financial resources for this work.

3. The State encourages organizations and individuals that are forest owners to implement regulations on supporting forest fire fighting according to the provisions of this DECREE.

Consider the practicality of activities

This contradicts the current regulations, especially the regulations on the responsibility of forest owners to carry out forest fire prevention and fighting activities, rather than being encouraged and paid to carry out the responsibilities that they already have to perform.

Article 7. Zoning and promoting natural regeneration of SPECIAL, PROTECTION FORESTS

Add Add the term “Support”

1. Execution object a) Subjects of zoning for regeneration promotion:

Not yet mentioned the object of forest area in type II, III Provincials, forest in coastal areas.

2. Norm of zoning for regeneration promotion Change the phrase “norms for zoning for regeneration promotion” to “Supporting level...” GIZ a) The average level of support is 1 million VND/ha/ year for a period of 6 years, the specific level is decided by the Provincial People’s Committee.

Propose to increase the budget for nurturing natural forests:

1.2 million VND/ha/year for 6 years.

Ensure consistency with the other Articles.

Not yet mentioned the object of forest area in KV II, III Provincials, forest in coastal areas.

Ensure consistency with other Articles

- Activities to nurture natural forests are quite similar to zoning and promoting regeneration without additional planting, but requires stricter technical measures.

- Silvicultural measures to nourish forests to quickly restore natural forests are prescribed in Circular No. 29/2018/BNN&PTNT dated November 16, 2018 of MARD.

- Many SUF&PF with poor protection forests need to be restored quickly to limit forest degradation

Article 8. Support for zoning and regeneration with additional planting of production forests that are natural forests.

Restructure proposal

Other proposal

It is proposed to move to Section 2: For production forests and production of forestry plant varieties

There should be regulations on forest enrichment, planting additional forests with native trees

In accordance with the decision of the Law on Forestry (Articles 46-48)